New York Sex Offenders

New York Sex offender law defines a
sex offender as a person guilty of a sex offense. The law states that
convicted sex offenders in New York must register with the Division
of Criminal Justice Services (DCJS).

New York’s sex offender law
classifies offenders into three levels. The classification depends on
the risk of re-offending (chances an offender will commit another sex
offense). The three level of classification are:

Level 1 offender (lowest risks)

Level 2 offender (moderate
risks)

Level 3 offender (highest
risks)

The requirements for registration
depend on the category of the offender. The state justice department
places convicted sex offenders into 3 categories:

Sexual predator

Sexually Violent offender

Predicate sex offender

The level and category of an
offender determine how he/she registers. All convicted sex in New
York must:

Submit their current address
yearly to DCJS

Report their new address within
10 working days of moving from the old address

Level 1 and 2 offenders report
to the local police in person every 3 years for a mug shot. Level 3
offenders report yearly for the update

Sex offenders in level 3 and a
sexual predator must visit any local enforcement within the state
every 90 days for verification. The agency may need a photograph if
the appearance of the offender is in doubt.

Submit the address of their
place of work to the DCJS (for level 2 and 3 offenders).

Write to the DCJS notifying
them of their schools, place of work or plans for any travel.

New York Sex Offender Registry

The New York Sex Offender’s
Registry is in charge of information on sex offenders living in the
state. The state’s division of criminal justice services controls
the registry. The registry makes sure information on sex offenders in
New York is Accurate. Residents of the state can access this
information on the registry’s website.

Nearby States:

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New York Sex Crimes Requiring Offender Registration

The following list contains the New
York State Penal Law statutes for which registration as a sex
offender is required. Individuals are required to register as a sex
offender upon a conviction of a Registrable offense or a conviction
for an attempt to commit a Registrable offense or a conviction of or
a conviction for an attempt to commit a Registrable offense as a hate
crime or a crime of terrorism.

Unlawful imprisonment (2nd
degree), provided the victim of such kidnapping or related offense
is less than 17 years old, and the offender is not the parent of
the victim - NY PENAL LAW § 135.05 (West 2008).

Unlawful imprisonment (1st
degree), provided the victim of such kidnapping or related offense
is less than 17 years old, and the offender is not the parent of
the victim - NY PENAL LAW § 135.10 (West 2008).

Kidnapping (2nd degree) -
provided the victim of such kidnapping or related offense is less
than 17 years old, and the offender is not the parent of the victim
- NY PENAL LAW § 135.20 (West 2008).

Kidnapping (1st degree) -
provided the victim of such kidnapping or related offense is less
than 17 years old, and the offender is not the parent of the victim
- NY PENAL LAW § 135.25 (West 2008).

Patronizing a prostitute (3rd
degree), where the person patronized is, in fact, less than
seventeen years of age - NY PENAL LAW § 230.04 (West 2008).

A conviction of or a
conviction for an attempt to commit any provisions of the preceding
sections committed or attempted as a hate crime defined in section
485.05 of the penal law or as a crime of terrorism defined in
section 490.25 of such law.

Forcible touching provided the
victim is less than 18 years of age - NY PENAL LAW § 130.52 (West
2008).

Sexual abuse (3rd degree),
provided the victim is less than 18 years of age - NY PENAL LAW §
130.55 (West 2008).

Forcible touching of a victim
of any age if the offender has previously been convicted of any sex
offense or sexually violent offense - NY PENAL LAW § 130.55 (West
2008).

Sexual abuse (3rd degree), of
a victim, regardless of age if the offender has previously been
convicted of any sex offense or sexually violent offense - NY PENAL
LAW § 130.55 (West 2008).

Conviction of (i) an offense
in any other jurisdiction which includes all of the essential
elements of any such crime provided for above or (ii) a felony in
any other jurisdiction for which the offender is required to
register as a sex offender in the jurisdiction in which the
conviction occurred or, (iii) any of the provisions of 18 U.S.C.
2251, 18 U.S.C. 2251A, 18 U.S.C. 2252, 18 U.S.C. 2252A, or 18
U.S.C. 2260, provided that the elements of such crime of conviction
are substantially the same as those which are a part of such
offense as of the date on which this subparagraph takes effect.

Unlawful surveillance (2nd
degree), unless upon motion by the defendant, the trial court is of
the opinion that registration would be unduly harsh and
inappropriate - NY PENAL LAW § 250.45(2), (3) or (4) (West 2008).

Conviction of or a conviction
for an attempt to commit any provisions of the preceding sections
committed or attempted as a hate crime defined in section 485.05 of
the penal law or as a crime of terrorism defined in section 490.25
of such law; or

Conviction of an offense in
any other jurisdiction which includes all of the essential elements
of any such felony provided for above or conviction of a felony in
any other jurisdiction for which the offender is required to
register as a sex offender in the jurisdiction in which the
conviction occurred. N.Y. PENAL LAW §130.91 (West 2008).

1. A person commits a sexually
motivated felony when he or she commits a specified offense for the
purpose, in whole or substantial part, of his or her direct sexual
gratification.

2. A “specified offense” is a
felony offense defined by any of the following provisions of this
chapter:

assault in the second degree,

assault in the first degree,

gang assault in the second
degree,

gang assault in the first
degree,

stalking in the first degree,

manslaughter in the second
degree,

manslaughter in the first
degree,

murder in the second degree,

aggravated murder,

murder in the first degree,

kidnapping in the second
degree,

kidnapping in the first
degree, • burglary in the third degree,

burglary in the second degree,

burglary in the first degree,

arson in the second degree,

arson in the first degree,

robbery in the third degree,

robbery in the second degree,

robbery in the first degree,

promoting prostitution in the
second degree,

promoting prostitution in the
first degree,

compelling prostitution,

disseminating indecent
material to minors in the first degree,

use of a child in a sexual
performance,

promoting an obscene sexual
performance by a child,

promoting a sexual performance
by a child,

or any felony attempt or
conspiracy to commit any of the preceding offenses.

Information maintained in New York Sex Offender Registry

NY CORRECT § 168-b (West 2008)

1. The division shall establish and
maintain a file of individuals required to register under the
provisions of this article which shall include the following
information of each registrant:

(a) The sex offender's name, all
aliases used, date of birth, sex, race, height, weight, eye color,
driver's license number, home address and/or expected a place of
domicile, any internet accounts with internet access providers
belonging to such offender and internet identifiers that such
offender uses.

(b) A photograph and set of
fingerprints. For a sex offender given a level three designation, the
division shall, during the period of registration, update such
photograph once each year. For a sex offender given a level one or
level two designation, the division shall, during the period of
registration, update such photograph once every three years. The
division shall notify the sex offender by mail of the duty to appear
and be photographed at the specified law enforcement agency having
jurisdiction. Such notification shall be mailed at least thirty days
and not more than sixty days before the photograph is required to be
taken under subdivision two of section one hundred sixty-eight-f of
this article.

(c) A description of the offense for
which the sex offender was convicted, the date of conviction and the
sentence imposed.

(d) The name and address of any
institution of higher education at which the sex offender is or
expects to be enrolled, attending or employed, whether for
compensation or not, and whether such offender resides in or will
reside in a facility owned or operated by such institution.

(e) If the sex offender has been
given a level three designation, such offender's employment address
and expected place of employment.

(f) Any other information deemed
pertinent by the division.

Community Notification and Websites

NY CORRECT § 168-b (WEST 2008)

1. The division shall establish and
maintain a file of individuals required to register under the
provisions of this article which shall include the following
information of each registrant:

(a) The sex offender's name, all
aliases used, date of birth, sex, race, height, weight, eye color,
driver's license number, home address and expected a place of
domicile, any internet accounts with internet access providers
belonging to such offender and internet identifiers that such
offender uses.

(b) A photograph and set of
fingerprints. For a sex offender given a level three designation, the
division shall, during the period of registration, update such
photograph once each year. For a sex offender given a level one or
level two designation, the division shall, during the period of
registration, update such photograph once every three years. The
division shall notify the sex offender by mail of the duty to appear
and be photographed at the specified law enforcement agency having
jurisdiction. Such notification shall be mailed at least thirty days
and not more than sixty days before the photograph is required to be
taken under subdivision two of section one hundred sixty-eight of
this article.

(c) A description of the offense for
which the sex offender was convicted, the date of conviction and the
sentence imposed.

(d) The name and address of any
institution of higher education at which the sex offender is or
expects to be enrolled, attending or employed, whether for
compensation or not, and whether such offender resides in or will
reside in a facility owned or operated by such institution.

(e) If the sex offender has been
given a level three designation, such offender's employment address
and expected place of employment.

(f) Any other information deemed
pertinent by the division.

2. a. The division is authorized to
make the registry available to any regional or national registry of
sex offenders to share information. The division shall accept files
from any regional or national registry of sex offenders and shall
make such files available when requested under the provisions of this
article.

b. The division shall also make
registry information available to: (i) the department of health, to
enable such department to identify persons ineligible to receive
reimbursement or coverage for drugs, procedures or supplies pursuant
to subdivision seven of section twenty-five hundred ten of the public
health law, paragraph (e) of subdivision four of section three
hundred sixty-five-a of the social services law, paragraph (e-1) of
subdivision one of section three hundred sixty-nine-ee of the social
services law, and subdivision one of section two hundred forty one of
the elder law; (ii) the department of insurance to enable such
department to identify persons ineligible to receive reimbursement or
coverage for drugs, procedures or supplies pursuant to subsection
(b-1) of section four thousand three hundred twenty-two and
subsection (d-1) of section four thousand three hundred twenty-six of
the insurance law; and (iii) a court, to enable the court to promptly
comply with the provisions of paragraph (a-1) of subdivision one of
section two hundred forty of the domestic relations law and
subdivision (e) of section six hundred fifty-one of the family court
act.

c. The department of health and the
department of insurance may disclose to plans providing coverage for
drugs, procedures or supplies for the treatment of erectile
dysfunction pursuant to section three hundred sixty-nine-ee of the
social services law or sections four thousand three hundred
twenty-one, four thousand three hundred twenty-two or four thousand
three hundred twenty-six of the insurance law registry information
that is limited to the names, dates of birth, and social security
numbers of persons who are ineligible by law to receive payment or
reimbursement for specified drugs, procedures and supplies pursuant
to such provisions of law. Every such plan shall identify to the
department of health or the department of insurance, in advance of
disclosure, each person in its employ who is authorized to receive
such information provided, however, that such information may be
disclosed by such authorized employee or employees to other personnel
who are directly involved in approving or disapproving reimbursement
or coverage for such drugs, procedures, and supplies for such plan
members, and provided further that no person receiving registry
information shall re-disclose such information except to other
personnel who are directly involved in approving or disapproving
reimbursement or coverage for such drugs, procedures, and supplies.

NY CORRECT § 168-l (WEST 2008)

(a) If the risk of repeat offense is
low, a level one designation shall be given to such sex offender. In
such case the law enforcement agency or agencies having jurisdiction
and the law enforcement agency or agencies having had jurisdiction at
the time of his or her conviction shall be notified and may
disseminate relevant information which may include a photograph and
description of the offender and which may include the name of the sex
offender, approximate address based on sex offender's zip code,
background information including the offender's crime of conviction,
modus of operation, type of victim targeted, the name and address of
any institution of higher education at which the sex offender is
enrolled, attends, is employed or resides and the description of
special conditions imposed on the offender to any entity with
vulnerable populations related to the nature of the offense committed
by such sex offender. Any entity receiving information on a sex
offender may disclose or further disseminate such information at its
discretion.

(b) If the risk of repeat offense is
moderate, a level two designation shall be given to such sex
offender. In such case the law enforcement agency or agencies having
jurisdiction and the law enforcement agency or agencies having had
jurisdiction at the time of his or her conviction shall be notified
and may disseminate relevant information which shall include a
photograph and description of the offender and which may include the
exact name and any aliases used by the sex offender, approximate
address based on sex offender's zip code, background information
including the offender's crime of conviction, mode of operation, type
of victim targeted, the name and address of any institution of higher
education at which the sex offender is enrolled, attends, is employed
or resides and the description of special conditions imposed on the
offender to any entity with vulnerable populations related to the
nature of the offense committed by such sex offender. Any entity
receiving information on a sex offender may disclose or further
disseminate such information at its discretion. Also, in such case,
the information described herein shall also be provided in the
subdirectory established in this article, and notwithstanding any
other provision of law, such information shall, upon request, be made
available to the public. Such law enforcement agencies shall compile,
maintain and update a listing of vulnerable organizational entities
within its jurisdiction. Such listing shall be utilized for
notification of such organizations in disseminating such information
on level two sex offenders under this paragraph. Such listing shall
include and not be limited to: superintendents of schools or chief
school administrators, superintendents of parks, public and private
libraries, public and private school bus transportation companies,
day care centers, nursery schools, pre-schools, neighborhood watch
groups, community centers, civic associations, nursing homes,
victim's advocacy groups and places of worship.

(c) If the risk of repeat offense is
high and there exists a threat to the public safety a level three
designation shall be given to such sex offender. In such case, the
law enforcement agency or agencies having jurisdiction and the law
enforcement agency or agencies having had jurisdiction at the time of
his or her conviction shall be notified and may disseminate relevant
information which shall include a photograph and description of the
offender and which may include the sex offender's exact name and any
aliases used by the offender, exact address, address of the
offender's place of employment, background information including the
offender's crime of conviction, mode of operation, type of victim
targeted, the name and address of any institution of higher education
at which the sex offender is enrolled, attends, is employed or
resides and the description of special conditions imposed on the
offender to any entity with vulnerable populations related to the
nature of the offense committed by such sex offender. Any entity
receiving information on a sex offender may disclose or further
disseminate such information at its discretion. Also, in such case,
the information described herein shall also be provided in the
subdirectory established in this article, and notwithstanding any
other provision of law, such information shall, upon request, be made
available to the public.

Such law enforcement agencies shall
compile, maintain and update a listing of vulnerable organizational
entities within its jurisdiction. Such listing shall be utilized for
notification of such organizations in disseminating such information
on level three sex offenders under this paragraph. Such listing shall
include and not be limited to: superintendents of schools or chief
school administrators, superintendents of parks, public and private
libraries, public and private school bus transportation companies,
day care centers, nursery schools, pre-schools, neighborhood watch
groups, community centers, civic associations, nursing homes,
victim's advocacy groups and places of worship.

NY CORRECT § 168-p (WEST 2008)

Under section one hundred
sixty-eight-b of this article, the division shall also operate a
telephone number that members of the public may call free of charge
and inquire whether a named individual required to register under
this article is listed. The division shall ascertain whether a named
person reasonably appears to be a person so listed and provide the
caller with the relevant information according to risk as described
in subdivision six of section one hundred sixty-eight of this
article. The division shall decide whether the named person
reasonably appears to be a person listed, based upon information from
the caller providing information that shall include (a) an exact
street address, including apartment number, driver's license number
or birth date, along with additional information that may include
social security number, hair color, eye color, height, weight,
distinctive markings, ethnicity; or (b) any combination of the above
listed characteristics if an exact birth date or address is not
available. If three of the characteristics provided include
ethnicity, hair color, and eye color, other identifying
characteristics shall be provided. Any information identifying the
victim by name, birth date, address or relation to the person listed
by the division shall be excluded by the division.

NY CORRECT § 168-q (West 2008)

1.

The division shall maintain a
subdirectory of level 2 and 3 sex offenders.

The subdirectory shall have
sex offender listings categorized by county and zip code.

A copy of the subdirectory
shall annually be distributed to the offices of local village,
town, city, county or state law enforcement agencies for purposes
of public access.

The subdirectory provided for
herein shall be updated monthly to maintain its efficiency and
usefulness and shall be computer accessible.

Such subdirectory shall be
made available at all times on the internet via the division
homepage.

Limitations
on Residency or Employment

NY CORRECT §168-v (WEST 2008)

No registrant may operate, be
employed on or dispense goods for sale at retail on a motor vehicle
engaged in retail sales of frozen desserts (i.e., ice cream trucks).

Duration
of Registration

NY CORRECT § 168-h (WEST 2008)

20 years for offenders who have not
been designated a sexual predator, the sexually violent offender or
predicate sex offender and who are classified a level 1 offender.

Life for sexual predators, sexually
violent offenders, or predicate sex offenders or offenders who are
classified a level 2 or 3 offenders.

NY CORRECT § 168-o (WEST 2008)

Sex offenders who are classified at
level 2, but who have not bee designated a sexual predator, sexually
violent offender or predicate sex offender may petition for
termination of the registration obligation after 30 years.

Timeframe
for Registration

Upon discharge and within 10 days of
a change of address

Applies
to Offenders Convicted in another State?

Yes

Verification
of Address

Annually; sexually violent predators
every 90 days

Penalties
for Non-Compliance

Class A misdemeanor for the first
offense; Class D felony for second and subsequent offenses.
Noncompliance may be the basis for revocation of parole

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Encouraging Children to Share

It isn't always easy to build a trusting relationship with your child. Trying to get your children to share what is going on in their lives can be difficult.

Building an open and welcoming environment from the beginning stages of a child's life is essential. Children are less intimidated and more likely to discuss issues and topics in their lives with an open and supportive environment.

Getting your kids to share serves as a building block for times when your child needs to discuss pressing issues like sex and sexual abuse.

Free Parental eBook

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